Quebec Superior Court Greenlights Class Action Against Air Canada Over Flight Delays

TOP STORY

A Quebec Superior Court judge has authorized a class action lawsuit against Air Canada over how the airline classified certain flight delays.

Air Canada class action: Quebec court greenlights case over flight delays

Decisions

Appeal, compensation for delay – Air Canada v. Landry, 2026 ONSC 222

Damages awarded to respondent and his adult children in Small Claims Court for delayed flights and denied boarding – Air Canada appealed quantum of damages – Court found that Courts of Justice Act precluded appeal of decision regarding children as amount fell below prescribed threshold – Court also rejected appellant’s argument that deputy judge erred in applying Air Passenger Protection Regulations (“APPR”) and Montreal Convention – appeal dismissed

Class action certification, compensation for delay and cancellation – Dussault c. Air Canada, 2026 QCCS 60 

Application for certification of class action challenging Air Canada’s practice of characterizing flight delays and cancellations due to staff shortages as being required for safety reasons – applicant seeking compensation for delay or cancellation under APPR and $1,000 in punitive damages per class member under Consumer Protection Act – Court found applicant showed defensible cause of action under APPR – however, claim for punitive damages barred by Montreal Convention – Court further found that class action could resolve important questions common to class members – class action certified – class members to include all passengers of Air Canada, Air Canada Rouge or Air Canada Express subject to APPR who, between December 15, 2019 and August 7, 2022, arrived at their final destination at least 3 hours late due to staff shortage and where delay was deemed required for safety reasons – passengers with outstanding CTA claims excluded – class proceedings to determine, amongst other issues, whether staff shortage falls within airline control under APPR and CTA caselaw, and whether Air Canada applied policy or directive when characterizing staff shortages as being required for safety reasons or outside its control

Compensation, mootness – Hui v. Air Canada, 2026 BCCRT 45

Applicants filed claim with Civil Resolution Tribunal for $1,785.95 for lost baggage – after responding to claim, Air Canada paid applicants amount sought – Air Canada argued claim rendered moot – Tribunal found respondent’s refusal to admit wrongdoing did not preserve live controversy – dispute was moot – Tribunal also declined to nevertheless exercise discretion to decide dispute, noting issues did not rise to level of public importance – claim dismissed – applicants entitled to fees and dispute-related expenses

CIRB Decisions

Bargaining unit order – Paladin Airport Security Services Ltd. Order No. 12146-U

IAMAW certified to be bargaining agent for unit comprising “all employees of Paladin Airport Security Services Ltd. employed as portfolio resources coordinators at the Vancouver International Airport, excluding managers and employees above the rank of manager, and those excluded by the Code

CTA News and Decisions  

CTA 101 – Making travel easier: Your rights when travelling with severe allergies

Application – SHERPA AIR, LLC c.o.b. Sherpa Air – Determination No. A-2026-2

Application for licence to operate a non scheduled international service between Canada and the United States – license issued subject to conditions

Suspension – Victoria Flying ClubOrder No. 2026-A-1

Licences 040058 and 040059 

Suspension – Rugby Aviation, LLC c.o.b. Northwest Sky Ferry; San Juan Airlines – Order No. 2026-A-2

Licences 150024 and 050058 

 TC/TSB News

Industry Association News

Union News

Airport News

Rotary Operator News

General Aviation News

 

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